>> jon: my kids liked me to do the impersonation so i developed the chubaka. >> arthel: america live starts right now. breaking details right now in the boston bombing investigation. federal, state and local authorities are combing the woods near dartmouth where suspect d tar went to cool. i'm megyn kelly. this is brand-new search video. steps away from the 19-year-old's dorm room and the buildings where he attended class. a spokeswoman for the u.s. attorney's office that the bureau of atf is taking the lead on this search but could not say what the authorities are looking for. this is learning new details

about the original plot and where the bombs were made. we're going to go back to the aerials in one moment and be joined by law enforcement officials to talk about what they might be searching for. i want to get to chief correspondent catherine herridge >> national security source familiar with the investigation, dzhokar tsarnaev has told investigombs came together more quickly than expected. national security source described the marathon has a target of opportunity. it showed clear premeditation including the decision to target the finish line. separately a source familiar with the investigation told fox the bombs have, are believed to have been built in cambridge, massachusetts and this raises questions about katherine russell. this is a mugshot from a

shoplifting arrest and whether she and the baby were living with him during the activity. and attorney to comment, while she initially cooperated. she is no longer cooperated and there is no immediate response with rugs el's attorney. >> she lived with him. she saw the change and attitude. she has got in explaining to do or some very difficult questions to answer. >> brian: the tusmt attorney's office confirming that the search that you see in dartmouth massachusetts is concerning the boston marathon bombing investigation and whether they had a test site for the homemade devices. they have confirmed to us they had assembled at least four different types of ides. this is extremely significant.

all of them are effective and home-grown cases you only see one kind of ide constructed. >> megyn: aerials that you reported on the search. they retrieved a laptop that the three most recent suspects took from the room from dzhokar tsarnaev. the f.b.i. affidavit seems to suggest they got the backpack and the contents thereof. so, do we believe that anything, the three most recent defendants took from that room is still missing? >> reporter: based on the criminal complaint, we discussed this yesterday as to what happened to that laptop computer. based on the reporting. laptop was recovered from the apartment of those two students and not from the landfill site. we were told on tuesday the electronics were in the possession of the f.b.i. and were being reviewed.

so far they have not shown some of the classic markers of self-radicalization at least for tamerlan. the search is very important. because when you build bombs, you have to have a way typically to test them. so you understand whether they are stable or unstable in terms of transporting them. how they are going to behave because every kind of device is a little bit different based on the explosives and composition. the working theory has been the brothers had to have some kind of test site and this may well be a search in connection to it. i'm hypothesizing but that is one of the unanswered questions. >> megyn: we've talked before how the times square underwear bomber -- and the detroit christmas day underwear bomber, they managed to get explosive

devices to that their target. but the bombs malfunctioned. that would have made it even more important in the minds of the tsarnaev brothers to make is this your there wasn't a malfunction and maybe to do the kind of testing they are trained to do. i don't know how they learn how they are supposed to do it but clearly they know more about bomb making than the average college student. >> reporter: the takeaway from bomb making the quantity and four different types of ides including the pressure cooker bombs speaks to some kind of formal bomb making training. in typical cases there is one style of ide, in times square was the car bomb, that was a pressure cooker bomb and some other bombs but not a vast array and it was unsuccessful. learning how to make a bomb is

like a surgeon, you have to learn the basic skills and you have to practice them and you have to be familiar with your material or you going to have accidents. as far as the reporting right now, there were no accidents tsarnaev brothers considering what they had was a mini bomb making factory. this speaks to experience and training with the explosives. >> megyn: it's chilling to find out what they are looking for as the precursor. >> reporter: or possibly other items that had been discarded. that is not clear as we discussed on your show, the criminal complaint does seem to open for charges in the future. >> megyn: and it comes just two days after the three guys into custody. thank you so much. >> i want to get back to the searches and the question of

what more the police could be looking for as we are watching the live news helicopters that are over the university. what exactly could they be looking for and what th might this mean to the investigation as it pertains to dzhokar tsarnaev and pertains to the three other defendants that were taken into custody this week. joining me by phone is rod wheeler, a fox newt contributor. what do you take away that they are saying atf taking the lead on this search? >> the first thing comes to mind is that atf always take the lead in these federal types of investigation. why is that? because they are the experts when it comes to understanding bombs and how these bombs are made. there is basically all they do. i've worked for several years with several years atf agents and they are experts. what are they looking for? i think basically more evidence. they could be looking for more bombs as far as i know.

they got a lot of information as we have been hearing from some of the eyewitnesses and some of the individuals such as the three individuals yesterday. from what i understand, dzhokar has been talking with law enforcement. this is terms of continue breaking the investigation and really want to make sure there is no other danger out there anywhere as far as where the bombs could possibly be. >> megyn: i have not seen anything that dzhokar has resumed talking to the authorities once his initial intear giag was shut down -- interrogation was shut down. "new york times" is reporting that the information we're just learning about today, authorities are sourcing to that 16-hour interrogation. i'm wondering whether it's something they learned from the most recent arrests that has

sent them back out here, the three who said to -- it's right by the dorm room where we believe this. based on something they said or maybe as katherine were telling us, they talked to students. what is your thoughts. >> there are few things. first 16 hours of interviewing dzhokar was critical. i suspect that he told the cops a lot. that is why his attorney shut everything down after the 16 hours. the other three individuals that were arrested, i wouldn't be surprised if they haven't lawyered up, as well. it was only yesterday or the day before that he came in contact with the laptop. there is a ton of information i suspect that could have been on that laptop. we don't know, but such as maps of that particular area, instructions as to how to make a bomb.

we don't know what communication dzhokar or his brother had with other people which could have given them information into how to make these bombs. katherine said something very significant, for the types of devices that these guys used they had to have tested them somewhere. from looking at the aerial shots that is trial priem for testing bombings that they used. >> megyn: the wooded area around the campus is pretty vast. how would this search right now, how sit likely to be conducted? did they shoulder to shoulder sweep. would they look for bomb components or whatever they are looking for. we are assuming bomb components. how do they do these sweeps? >> i think it's going to be all of the above.

first the aerial shots, they know they are looking for evidence and certain types of materials in the soil, so i guarantee they have experts out there who can test the soil out there to see if there is contaminants out there or some type of devices. then they will probably bring in the foot to ground officers, to walk the entire area looking for any small piece of evidence they can use in this particular case. >> megyn: last question, they are saying there is no threat to public safety. there is no threat to public safety despite what we are seeing. what does that tell you? >> they don't think anyone is in any harm right now, but they do believe, which i think is huge, there is a lot more information to be obtained by the police so not only this search but they will are searching other areas.

the key to all of this was that laptop computer. that was dzhokar and his brother stored the data. if you notice, you see a lot more action with this case since the laptop has been configuration indicated. >> megyn: has katherine reported it had not been wiped clean. >> there is a lot of information left on this thing and cops and investigators are getting all that information off of that. >> megyn: we're going to keep those aerials on the screen so we can catch the action. a lot of breaking news on the situation today in connection with the boston marathon bombings. we also have other news, but back on the boston bombing investigation. coming up we're going to take a closer look at katherine russell does she fit the picture of someone that could become radicalized? there is a report that she is no longer cooperating.

we'll speak with an f.b.i. profiler. a may day march descends into mayhem. some are asking why the media largely ignored the riots. stay with us. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. that was okay, but after lunch my knee started to hurt again, and now i gotta take more pills. ♪ yup another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] this may, buy aleve and help those in need.

>> megyn: back to dartmouth as state authorities are combing the woods. we are told it is led by atf where suspect dzhokar tsarnaev went to school along with the other three who just got arrested this week. you have dzhokar who went along with the other three that have been arrested several days ago and police have said they have recovered the laptop, a computer belonging to dzhokar tsarnaev not mentioning the other one belonging to the older brother. there is clearly something they are interested in these woods,

it's been three weeks since the boston bombing situation. over two since dzhokar was taken into custody. what is this based on? we'll bring it to you as we have it. >> violent mayday protest in seattle by attacking police. demonstrators throwing rocks and bottles, cops forced to use flash bang and pepper spray and eight police officers were injured and more than a dozen arrested. some today are questioning whether the media turned a blind eye to these protests. they were intended to focus on worker's rights. alan colmes, radio talk show host, it happened two days ago. that is question about some folks over the media research center, a conservative site that

looks for bias where it exists. they are complaining that there was relatively little coverage of this. whether it's true, chris, and if so, why? >> well it's entirely true. yesterday on my radio show as a matter of fact -- i played the abc news clip from abc radio where they described it as a peaceful but loud demonstration for immigrants' rights. that was abc radio's report on this. they didn't mentioned the injured police officers, they didn't mention the arrests. they didn't get into the violence. i played the raw audio of the violence. news media doesn't report because this is an arm of the democratic party. this is for the democratic party what the tea party is to the republican party. i know democrats object to that but that is the reality. this is the wing of the democratic party. our news media are corrupt these

days. this was a very violent event, people injuries, eight police officers injured and there were arrests. if this had been a tea party event, you call violence that your taxes are too high but with the tea party but this essentially covered up. >> megyn: peaceful, but loud? loud is true. as for peaceful. listen to what the police say were thrown to them. >> everything you see, this hammer, this piece of concrete, these pieces oflt. they used this like a smoke screen. down here you can't see the broken bottles and lot of i am pro invitationed weapons. >> megyn: who are these derelicts? >> it has nothing to do with

democratic party, these are anarchists who are not a part of democratic party. >> megyn: there were a bunch of occupied wall street folks? >> they are note part of the democratic party. >> really? >> molly:. >> megyn: they were paid by president obama. >> excuse me. these are anarchists which has nothing to do with democrats and liberals stand for. i denounce this behavior and the message gets lost when you have this horrible behavior. this should clearly be focused on the media. it was, abc, nbc and cbs has it on their websites and feasful march, "washington post", may day protest turns violent. i object to the notion that the mainstream media ignored it. it should be highlighted to show

what not to do at a rally. >> megyn: here we are at a rally. three weeks after the boston marathon bombings, you hear these loud booms going on. there is a scare factor going on, as well. >> look, this is the left. the democratic party would like to dissociate themselves from themselves but these are president obama's supports. they were chanting of groups of them going up the street occupy wall street. these are the same people. they are interchangeable. this is the left. in america, it's unfortunate but this is left. occupy wall street was violent all over the place, there were rapes and people injured. >> i think it's absolutely incorrect. this is smear game that gets played on the right this type of behavior to president obama and i totally reject it. >> megyn: i didn't mean to suggest that president obama had

praised these people but he had said some remarks about occupy wall street. just ahead, we are back to the search of the boston bombing investigation and new details of the wife of one of the bombers. that is right after the break. would absolutely not have taken a zip line in the jungle. (screams) i'm really glad that girl stayed at home. vo: expedia helps 30 million travelers a month find what they're looking for. one traveler at a time. expedia. find yours.

>>. >> megyn: fox news alert. we are watching these aerials in connection with the bombing investigation. atf taking the lead along with massachusetts state and local police who are combing the woods around u-mass dartmouth. that was attended by dzhokar tsarnaev and three of his former classmates were arrested on wednesday charged with lying to police and obstruction of justice after the f.b.i. claims they admitted to hiding evidence

of dzhokar's alleged crimes. there are also new questions about the widow of the older bombing suspect, tamerlan tsarnaev. fox news trying to confirm a report into today's "new york times" that katherine russell tsarnaev has stopped cooperating with the authorities. trace gallagher has more from l.a.. >> reporter: just to talk about the brothers, a key witness you throw in the fact the bombs were made inside her home inside the tiny apartment. the scrutiny gets that much more intense. it appears from statements that her lawyer has made that katherine russell was living in the home with tamerlan tsarnaev in the run-up to the bombings and days after the bombings. in one interview her lawyer said i'm quoting, she would go off in the morning and work until late at night. she called to see how her daughter was and that kind of stuff.

the lawyer added she was a home health care worker working 70-80 hour weeks. and "new york times" has reported that she is no longer cooperating with authorities. lawyer disputes that. he insists that she played no role in the attack or helping the brothers elude authorities but federal authorities are more skeptical. she made the money so did she give the money and not ask what it was being used for. did she know the husband was building anything in the apartment. there are a lot of questions in this case. so far, not quite sure of the investigators are getting the answers. >> megyn: you said the lawyer disputes she is no longer cooperating, that is not a current statement. we have yet to speak to the lawyer? >> we have not why you the lawyer came out. these reports are in the past couple of days, she has stopped cooperated the lawyer is saying

she is still cooperating. she is not being interrogated by the attorneys or the investigators, but she is fully cooperating with this. they are showing her pictures and answering questions. >> megyn: and the f.b.i. or some law enforcement authorities appear to be telling a very different message. at least to the "new york times" -- we will get into this in a bit. we're going to be joined in just a bit by a former f.b.i. profiler and talk about this katherine russell. an american from rhode island who marries this th guy who said to have converted to islam. he was a totally american girl and now they are saying she was living in a bomber with n an 800 square foot apartment. she had no idea bombs were being made? is that possible? as we follow the breaking news of the new searches, there is new anger over the privacy

rights that are being protected for not only the boston bombing suspect but the three guys who allegedly helped him cover up the acts. we'll speak to a massachusetts senate candidate who ran in the boston marathon and what he is now demanding in connection with these records. >> a growing debate over guns and justice as this eagle scout, honor student is slapped with felony charges and expelled after a weekend of mosquito shooting. wait until you -- skeelt shooting. wait until you hear why. muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge!

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>>. >> megyn: fox news alert. fox news channel has confirmed that custom's officials are being ordered effective immediately to verify that every foreign student arriving in the u.s. has a valid student visa. that was a change we had to put into effect. we weren't doing it. which, of course, we learned yet again this week two days after we're learning this today two days after the arrest of three students at dartmouth, two of them are accused of trying to hide evidence. one is accused lying and one was entered unlawfully. his student visa had expired. how did that happen? why do we have to change the policy? these are questions we need

answers to. right now we are told that a security rule has been changed effective immediately. we'll talk about that a little more detail coming up. we also have some growing anger today over that university that we're watching, aerials as the atf and local officials search the grounds of a university, at the college over the receive al of release go information of the three suspects, refuse al of releasing that information. massachusetts senator, a former navy seal who ran in this boston marathon and was near the finish line. i wanted to tell our viewers, you are in a republican and you are in a race for the vacant seat in massachusetts. it's a tight race as fargs far

as we can el. you and ed mark can i but i want to ask about dartmouth, very concerned about dzhokar tsarnaev's privacy rights and privacy rights of the other three on the screen. it's not not quite as concerned with the public's right to know what they were up to in the days leading up to the bombing? >> how are you doing? this is an issue. the university should absolutely release the records of these students. there is actually no excuse for them not to. >> megyn: i mean, is that true? they say there is an excuse. the excuse is the federal law that provides privacy rights for students who have even left the college. they say, quote, we are prohibited from releasing these records by the family educational rights and privacy act. >> they make exceptions but they don't want to make exceptions unless they are tried to hide

something. the national security issues trump any kind of concerns they have. >> it's obvious that law enforcement is going to get the records but what is your argument that the rest of us should get the records as well? >> these three abetted a terrorist act on the united states in our city in boston. they killed three innocent civilians and a police officer from m.i.t. we need to get to the bottom of this. we still don't know who else was involved in this, who they trained with. all this information could be relevant. we need to get to the bottom of this because it's a national security issue. >> megyn: do you feel the same about the entirety state assistance that was provided, if any, to the tsarnaev family and the tsarnaev brothers? some agencies have released that information on welfare benefits and others are still saying no? >> it's an example i think they may have some go to hide. if they were receiving welfare benefits that could have funded

operations, you need to get to the bottom of this now. these incidents remind us of what kind of world we live in, dangerous world and we have to act accordingly. >> megyn: your thoughts of someone who was in the boston marathon, who is running for u.s. senate seat out of massachusetts, as we sit here and look at the aerials as they are combing the grounds, we don't know for what. it's obviously evidence in connection with the boston marathon bombings as they try to build their case and figure out whether they have got all of the perpetrators involved in this terror attack. my guess is, i don't know if we have everybody involved yet. these three came out the last couple of days. it's been two and a half weeks since the boston marathon bombing. there potentially could be more people. they could be out there continuing to on us here in the united states. >> megyn: according to the poll you are only four points behind

your democratic competitor in a state that is very blue. they are saying it could be a competitive race. all the best to you, sir. >> people want to help out. our website. people will join us all around. >> megyn: thank you, sir. an f.b.i. profiler just ahead. we are seeing new support -- wait. these are two different items. an f.b.i. profiler i told you why because katherine russell is coming up the microscope in a new and intense way as these reports surface she has stopped cooperating but it's hard to fathom this american citizen would have been sitting in an 800 square foot apartment while her husband was making bombs? is that possible? we're going to talk about that. we're going to talk about this other case which we've been bringing to you next. now is a support for the

california couple who had their baby taken away from them after the nerve of seeking a second opinion when a doctor that said that he needed surgery. we will speak to lawmaker for a change in the rules that allow police and the child services to pry an infant child from his mother's arms. how the hospital has not changed its tune since the story broke. [ kate ] many women may not be absorbing the calcium they take as well as they could because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. my doctor recommends citracal maximum. it's all about absorption. how much is too much water? too little? until we got miracle-gro moisture control.

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>>. >> megyn: california lawmaker is calling for a full audit of child protection services after the agency helped police take a five mo baby boy from his parents after they told the hospital that was treating the child they wanted a second opinion on the medical condition on the diagnosis that he needed surgery. they took him from the hospital and didn't take him home. they took him to another hospital. fine, i can go back home with him. we'll schedule the surgery later. the next day, the police and division of child and family services showed up at their house and lawmakers are very unhappy and a lawsuit is coming. let us take you back to the day

the police and they arrived at the baby's house. >>. >> megyn: really? she wasn't rational? a lot of moms, would you have been more rational if they were taking your being o baby it on your hands. i think she was pretty calm. tim donnelly is looking into the case and joe wineberger is an

attorney for the mother anna who joined me on the program on monday. they are getting ready to sue. let me start with you. we have so much feedback from viewers, do it, sue whoever you can do so it doesn't happen to another family. let's get specific. who is to blame? they went to the hospital, they went from sutter to cases ear and they said you can take your baby and police knew that. they took the baby home the but different police show up and grab their child. how did that happen? >> i'd like to think it's a failure to communicate, but the reality is, this is something that happens far too frequently. cps oversteps its bounds, tries to protect its image more than the people that is are charged with care and custody off.

they rip children off from their parents all the time. >> megyn: before i bring in the assemblyman, your thoughts on the way the social worker who tried to dismiss anna -- she didn't know the cops were going to show up and grab her sick child -- only asking what hospital they were taking him to. they refused. because she was being irrational? >> if that was me, i couldn't have been that calm. stealing a baby, taking him away with without documentation and not even saying here is where we're going. what the have had doesn't show, anna went hospital to hospital searching for her child and when she got to sutter memorial, they said the child wasn't there when, in fact, he was. >> megyn: you know you have been asking questions. you started contacting officials

at sutd er and cps, are the parents abusive. no, quote, you said what the hell are you doing? >> i mean, what is the crime here? that is the question. the other part who is really in charge of your healthcare. has this mother has committed any crime, it's carol about the child too much. when she got uncomfortable with the held care was going, she intervened. i didn't want to get to the point where they perform a rushed open heart surgery when they are not sure if he has flu and administering drugs, the doctor said they weren't authorized. the mother is the only rational figure here. so i'm demanding answers from cps because they are government agency. you saw the way the social worker acted.

it's if she the judge, jury and executioner. >> megyn: right. and police officer says do you have papers? go ahead and read them. then he said, hurry up. you are delaying, it's crossing over resisting arrest with a hand on a weapon. this can't happen. >> you have an immigrant family that came here from russia. that is what they fled from. they fled from a government where the knock on the door meant that something bad would happen. somebody disappeared. she was very calm. she documented it because she skeptical of the police. what this has done as opened up the door into an agency, cps which is child protective services. they are under the department of health and human services here in california, that is completely unaccountable. they silence anybody that tries to resist by saying we're going

to take away your child. you saw it on camera. >> megyn: biggest threat you can level at somebody. so cps had no business in taking this child. i know you that went into court and made that case. now, pursuant to that agreement they were out and the parents could have this baby back and be responsible for his care, now they give had he am them oversight. go and monitor these parents and decide whether they are doing their job. why do they get any ongoing role in this parent and this family whatsoever? >> i think in this situation, this is simply the court looking out for the best interests of the child and not wanting to take any chances so there isn't any bad press. our hope we'll have the hearing in 30 days and cps will walk away. they clearly jumped the ball. they went too far. they made a mistake and they

will walk away. >> megyn: i'm assuming there are many, many families that actually do need cps in california and need their oversight and intervention and good people in california will realize this does not appear to be one of these families? >> this is clear cut case. heart of the matter why was cps, what was the genesis of the second contact where the police came to their house after it was clear they had gone to another hospital for a second opinion. cps should never have been involved at that point. what i'm getting is hundreds and hundreds of stories from individuals who are saying this has happened to me. can you help me? we're going to conducting an audit. there is going to be a hearing on june 5th to determine whether the joint legislative audit committee will approve it. >> megyn: and doctor at kaiser said clearly that i have no concern for the safety of this

child. they are concerned with his best care. it's fine. he can go home. the day after that happened, they showed up. gentlemen, thank you very much. hard break coming up. eagle scout and his gun. not bad. this tree has deep roots, strong limbs... things are pched and not pinned. nicely done. thboys love it. they are up there day and night. well that might be because y overlooked one thing... what? it looks into your neighbor's window. ohhh boy. hel-lo, mrs. kozlowski. boys? i'm gonna get the hose. [ dennis ] home insurance with do-it-yourself tips? that's allstate home insurance. great protection plus helpful advice to make life better. talk to an allstate agent... [ doorbell rings ] and let the good life in.

♪ ♪ >> megyn: eagle scout grabbing national attention after he was slapped with felony charges and suspended from school what seemed like an innocent mistake. trace gallagher has more. >> he went skeet shooting with friends and he drives himself and reaches over to get his book bag, he notices he left his gun in his car. he calls his mom to pick up the gun. an administrator overhere's him and he is arrested and suspended from school. now, the school is saying, he

wasn't really suspended. he has just bin transferred to an alternate setting so he can finish his credits. he does itself schooling someplace else but he doesn't get to walk with his class in graduation. the parents and students are outraged because the student is trying to do the right thing. here is one parent. >> he is an eagle scout. he made a mistake, he doesn't deserve to not to walk across the stage with the rest of his friends he has known since preschool. >> reporter: get this, jerry farwell, jr. he is driving through town and sees the story on the local news. notice that he wearing the t-shirt because highs his sister goes to school there. he offers cole a full scholarship at liberty university which is the biggest

christian school in the world. a hundred thousand students. jerry says they are trying to make him a villain because they don't like guns. >> megyn: wow! >> the school says we are still working with this thing. he is not going to walk with his class. two other educators, faculty members brought guns on campus and they were suspended for three days but no felony charges. >> megyn: we'll see. it's not over yet. good for liberty. new questions about dzhokar tsarnaev's friends about hiding evidence and one phone call from them could have saved the life of the m.i.t. police officer. should they be charged?

>>. >> megyn: fox news alert. breaking developments in the boston marathon bombing investigation. we are awaiting news from a new search we have been watching on dartmouth where dzhokar tsarnaev attended. we are hearing new questions today about the wife of the older bombing suspect who is now dead and whether his wife living has stopped cooperating with officials. plus the feds has decided we have confirmed that we need to take a closer look at foreign students coming into the united states. that is where we begin this new hour. welcome, i'm megyn kelly. breaking now effective

immediately, u.s. homeland security cracking down on security for foreign students entering the u.s. as a powerful republican senator asks the homeland security secretary janet napolitano how this man, one of three accused of obstructing justice in the bombing investigation, was able to get into this country without a valid student visa. our chief correspondent catherine herridge is live in washington. >> reporter: first significant change in response to boston bombings, according to an internal memo. custom officers must verify that every foreign student arriving in the u.s. must have a valid visa. they were charging with, he was here on student visa but withdrew from classes on january 4th but was able to re-enter the

u.s. two weeks later because customs wasn't notified. they described the step as operational and common sense. separately a u.s. official emphasized that two foreign students charged in the case had to derogatory or negative information on the student visa files. student do have a 30-day grace period to update their status. they say this issue of compliance is an ongoing problem. the custom border says your visa has expired, now you have to do something with that. who enforces that? local levels don't want to become custom agents. it's a question of resources. how much money do you give to the immigration officials. what couped of controls can they do. it's a sticky issue. what boston is highlighting there must be better cooperation. >> brian: and ap reporting that chuck grassley has sent a letter to homeland security secretary

janet napolitano wanting to know how this student was able to re-enter the u.s. when he was essentially out of compliance on that student visa. >> megyn: thank you. >> meantime, fox is trying to confirm a report from the "new york times" that the wife of the dead terrorist has stopped cooperating with authorities. this is new questions over whether katherine russell tsarnaev became radicalized herself. we will be joined on f.b.i. profiler whether this woman fits the profile of someone could could be right laneized. >> raw emotion on display in boston as word leaked out that the body of tamerlan tsarnaev was being moved from the city morgue where it's been for the last couple weeks and some locals greeting the hearst as it left. watch this.

>> megyn: peter? >> reporter: right this minute, tamerlan tsarnaev body is about an hour away from the scene of the bombings. he is at graham funeral home in worcester, massachusetts. we are hearing from the first time from the funeral director that basically he is doing just his job the same way the doctors that saved the suspected bomber did their job. >> they can protest. again, what do you do? in this country we bury the dead. i can't control the circumstances of someone's death or how they died. >> reporter: that funeral director says every cemetery in this state, massachusetts, has already turned down his request

to bury tamerlan tsarnaev. he has no idea where he is going to bury the suspected marathon bomber. we're told, five or six police cars are on site at that funeral home doing crowd control. there are reports of many profanities coming from people who showed up there disgusted that tsarnaev is in their neighborhood. it was the same story last night at another funeral home where tsarnaev stopped for four hours after his remains were claimed by the family. it's a very emotional time to be in this area. a block away from the finish line, obviously a lot of sorrow, but it's just anger everywhere that tsarnaev's body showed up. >> megyn: thanks so much. >> we are hearing reports that the suspected boston bombers considered attacking the city's 4th of july celebrations, that are was their arj plan. fox confirmed that earlier. surviving suspect, dzhokar tsarnaev telling federal

investigators that he and his older brother talked about detonated go suicide bombs at the event. last year, an estimated 500,000 people attended the celebrations on boston's esplanade. it's 64 acres along the river of museum of science and university bridge but they finished their bomb making so early they decided to tarring the boston marathon instead. ♪ ♪ ♪ >> megyn: we're going to get back to boston in a minute. another important story today, growing controversy after a liberal college blogger at the university of wyoming is accused of faking a rape threat and attributing to conservatives on her campus. you will not believe this story.

meg simmons gained national attention after she reported a conservative student threatened to assault her, sexually assault her in an online post. it sparked outrage across the college community. campus police starting digging around and now they say meg is the person that posted the offensive post in the first place. she is now facing charges. katherine is a reporter for conservative group that spent time highlighting incidents like this. katherine, welcome to the program. i don't know she appears to have some problems because she posted this disgusting thing, saying i want to hate "f", that click runs her liberal mouth all the time and doesn't care who knows it. one night with me she will be a good republican "b" word and

actually i want to stay this of. it's disgusting, there was a creeper who took the time to think this up and type it, but it took an ad man to publish it. i wonder if there is a violent fantasy about me and likely other women. and meg posted both of those. >> yeah, it's definitely disgusting stuff. she went on and on, how it's so disgusting, it's really evil thing to do. she was trying, she did this herself to make an entire community on campus look bad. it's just a really twist fed. >> megyn: then she posts in her outraged post where she allegedly responding to the hate posts about her, to the person who wrote it, assuming you are serious, get some help. i encourage to visit the counseling center. she knows exactly what it is.

let's hope she is taking advantage of that and so weird syndrome where she creates the affliction then she reports to suffer from. the university is is saying she did it. she did the whole thing and now she is facing some sort of charge by the campus place could potentially land her up to a year in jail. is that true? >> she is facing a citation for interference for saying she did post this and then admitting she lied about it. i mean -- she seems to have maybe have done this before. she said she was threatened and had a death threat in 2011. who knows what is really going on. it's another example of persecution of conservatives on campuses that we see everywhere on campus reform. we post it. we see these things happening all the time. >> megyn: she filed a lawsuit to try to get bill ayers on campus, of the weather underground

domestic terrorist group. he came on campus and she claimed she had death threats in response to that. then she claims she got a death threat before ann coulter visited the university. look how i'm getting targeted because i'm promoted promoted bill ayers. it does make you stop and think how much of any was truthful and what this says about the larger university community if anything. >> this wasn't some whacko. she had an award winning blog and radio show that talked about it. this calls into question anything she ever said. >> megyn: here is another crazy thing. here is the university's responsibility. instead of saying, this was wrong, she never should have pointed the finger politically for something she was making up, according to our own authorities campus police. this was the university's

response. quote, this episode has sparked an important discussion reaffirming the community has no tolerance of any violence. fact that the post was a fabrication does not change the necessity for continued vigilance in assuring we have a campus where everyone feels safe. the spokesperson came out and said it's important this event does not undermine the progress that has been made in this area. what are they talking about? of course, nobody wants violence? they are saying this is almost a good thing. >> we should be discussing, yet another example of conservatives being made out to be enemies on campuses. we report on this stuff at campus reform all the time. a student at university of minnesota, his life was threatened because he was handing out constitutions on campus. that is the discussion. how often is this happening? she purposely posted this to try

and make the conservative community disgusting and twisted >> megyn: way to encourage others to do the same thing. and through her lawyer, even though they claim she confessed, they have the computer and have the evidence, now through her lawyer she is denying the charges and pleading not guilty. we'll see how it pans out. katherine, thanks. >> coming up we have confirmed that the f.b.i. believes that the boston bombing suspect built their deadly devices in an 800-foot apartment that tamerlan tsarnaev shared with his wife katherine russell tsarnaev. an f.b.i. profiler on whether this woman fits the picture of someone who could have been radicalized to the degree that she would be sitting there watching him making bombs?

>>. >> megyn: new questions about katherine russell tsarnaev, wife of one of boston bombings suspects, as we confirm the bombs were built in the cambridge, massachusetts apartment she shared with her husband and daughter. she was living there at the time she was making these bombs. that apartment is just 800 square feet. yet this woman with the blue dots, that the apartment building, three floors. they had one. this all going on at the same time this woman has continued to insist she had no idea what her husband was planning or doing. nor did she ever see evidence of bombs. feds now tell us he was building inside that apartment. joining me now retired criminal profiler, mary ellen o'toole. it's hard to believe this american girl raised in rhode island said to be normal --

words used about her -- could somehow meet this guy, have his child and live in an 800 square foot apartment where he was making bombs and either sit idly by or knowing participate in it. with the caveat that her lawyer says she didn't know. your thoughts. >> well, my sense is that she is aware of something. the question is, how much is she aware of? even to the point how much did she participate, we've seen it in other cases, this woman is very compliant. this is not about the religion. it's about her personality in terms of her possibly being controlled by him. if you scrape away all of the other issues, it does sound like this could be a domestic abusive situation. she could have been intimidated

by him up to and including hearing threats he would hurt the baby if she didn't keep her mouth shut or she didn't participate to a certain extent. now that is not to say, however, that if they determine her level of involvement, that she should just walk away. i think it's understanding the dynamics becomes critically important. >> megyn: you are trying to helper as a former f.b.i. profiler to figure out motivations and possible roles in something like this. given your history and experience, you are saying they may be looking at that angle she was compliant and wasn't a strong personality who was being controlled by him to the extent where sit by an american girl and watch him make bombs? >> i have had cases where the wife or girlfriend has actually participated in a homicide. again, it sounds like people are

going to say, i would never do something like that. you have to look at her personality. you have to look at how he might have groomed her to the point where she could have been isolated and intimidated, flightened. she knew what his capability was just in terms of his level of drowsiness. that would have taken overnight and taken a period of time. all those different variables could have gotten to the point, she sees it four different ways they can explain behavior. they see it right in front of them. it's a very complicated dynamic. >> megyn: she dropped out of school. she was attending the university. she dropped out freshman year. she converted to islam. they got married in in a massachusetts mosque and then their daughter who is now three. she had one arrest in june 2007 for stealing $67 worth of

clothing from old navy. she hasn't been in trouble apart from that. do any of those facts tell you anything or give you anything to go on? >> several things that you said make me have even more questions but are very important. number one, she dropped out of school. was he involved in that decision? she changed religions? was he involved in that decision? she had a child and got married. what was his level of pressure on her to do that? even as important, during the time this is all happening, was she becoming more and more isolated from her family and from her supported network because of him? so all of those changes become important. i will tell you what is what investigators are looking at right now. they do want to understand that dynamic. it helps them in the interview but in the end, the united states attorney is going to have to decide what the charges are

going to be. that may be the brick wall they may be hitting right now. >> megyn: now reports out today, not confirmed the dna does not match her dna on the bombs. she called him and not the feds when she saw his picture. she did call him. in the belief is perhaps to warn him, perhaps to talk to him and ask him -- is it possible in your experience that somehow we could retrieve that conversation? would that be recorded in any setting that the f.b.i. could get their hands on? >> if it is possible, trust me, they will use every resource they have to capture that conversation. no question about that. >> megyn: that is an important one. just ahead, there may be news soon in the murder trial of the abortion doctor charged with multiple counts of murder.

we'll tell you why the reports they may close to a verdict now. that coming up. plus the off-ramp claims showing his bible to a student cost him had his job. the wright brothers became the first in flight. [ goodall ] i think the most amazing thing is how like us these chimpanzees are. [ laughing ] [ woman ] can you hear me? and you hear your voice? oh, it's exciting! [ man ] touchdown confirmed. we're safe on mars. [ cheers and applause ] ♪ hi. [ baby fussing ] ♪

>>. >> megyn: listen to this. we are learning just how many millions of dollars in donations to the boston bombing victims will be distributed. kenneth feinberg says the families of three people killed may receive more than one million dollars each. victims who were badly injured will also get money. he oversaw the compensation fund after the september su79sdz attacks. one fund set up for the boston bombing victims has collected

more than $28 million. they will hold a benefit at the end of this month, a concert, as well. that is amazing. >> a substitute teacher saying he is a victim of religious discrimination. he says he was suspended and eventually fired after committing the sin of -- letting a student look at a bible in his class. lauren green live in new york with more. >> reporter: he first showed the student the bible and then he gave to him as gift. that is why the substitute teacher claims he was fired last fall at middle school in new jersey. he says it started when he told the student first will be last and last shall be first. fame quote from the bible and the student was asking where it came from. >> the student came to me and as i said, it wasn't once, or twice it was seven times.

he approached me and stopped me. he was very inquisitive. he wanted to know. >> reporter: he tells fox he was fired because the school says he violated a district policy about handing out religious material. they have filed an equal unemployment have employment claim. the district will not comment on the case because as the personnel matter but the american united for separation for church and state, regardless of how curious the student is, he should not have given him the bible. >> the constitution says schools have to be neutral, not hostile but neutral when it comes to religion, a simple answer for this student would have been, this is from the christian bible it's from matthew 20, verse 16. why don't you ask your parents about getting you a bible. that is what should have been done. he chose not to do that. he chose to distribute the bible himself. >> reporter: now, the attorney points out that the school

laborer has bibles and it's nothing more than the librarian would do to check out a copy. >> megyn: thank you. >> as we learning more about the classmates of boston bombing suspect, dzhokar tsarnaev, when they saw their friend on tv identified as one of boston bombing suspects. instead of calling the police, they reportedly obstructed justice and begin lying to police. now, some very prominent former federal prosecutors are saying these three should be charged in connection with the deaths of that police officer who was killed as they were hiding evidence. we'll talk about that in kelly's court. up next, a look at what we found when fox news dug into the background of dr. kermit gosnell who is charged with several counts of murder that the jury may be inching closer to a

verdict. >> there thiswere never told this is an experimented. they were never told about the dangers. his license should have been yanked then. throughout our live. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell health. one a day men's 50+.

>>. >> megyn: if you are just joining us, we are waiting to hear what federal agents in the new search tied to the boston marathon bombing investigation. we just received these aerials

last hour as they searched the woods on the campus of u-mass dartmouth. school where suspected terrorist dzhokar tsarnaev attended klass along with the other three. we'll bring you new information as soon as it comes in. >> we are also getting reports from the pennsylvania courtroom right now that suggests the jury may be getting closer to a verdict right now in the murder trial of a philadelphia abortion doctor. kermit gosnell is accused of killing at leaf the least four babies born alive during botched abortions. fox producer telling it's the jury may be quickly moving through the charges and may potentially finish at any time. the gruesome details of this case, too shocking to recount right here in the middle of day. but the implications are too important to ignore. fox news conducted its own investigation into this case.

tonight we will cover it all in fox news reporting. see no evil. the kermit gosnell case. here a piece of that report. >> the search and culmination into an investigation and massive, illegal drug selling operation involving prescriptions for oxycontin and other narcotics. >> the f.b.i. hadn't and the dea led the raid on february 18th 2010. >> they thought they were responding to a normal prank that allowed these doctors to make so much money to get illegal prescriptions for narcotics. what they discovered was a horrific, almost out of the worst movies or horror novels you can imagine. >> megyn: kimberly guilfoyle and peter boyle and they are both appear in the special and has been covering this case.

i tip my hat to you, it's one 6 those cases i tried to avoid a lot of the details on. not just because i'm pregnant, i'm a mother and human being and saying so are you. it's hard. we're got going to get into those details in a day time program here where kids of watching. this isn't just a story about abortion doctor. this is somebody who is accused of a mass murderer. >> it's the cases the jury had before. right now as we speak they are deliberating over the fate. they have to decide did infant side occur. i know the evidence is there. i have listened to the witnesses. i saw all the photographs. i listened to the cross, direct examination, medical examiner goes through an excruciating detail. >> megyn: most of them know, kimberly is former prosecutor,

as well. where is the defense going? we know what the prosecution alleges but is the whole defense that the babies weren't actually alive when they were born? >> right. he said, you may not like this guy. this is rush to judgment. this is racially motivated and you can't say beyond a reasonable doubt that these babies were born alive. he pointed specific aspects of the testimony i was there for of the chief medical examiner. look i was not able to determine by the various tests that they do this was due to the way that the babies remains were not kept properly. >> megyn: but sounds from the babies and so on. >> per sip went witnesses they saw the babies crying and moving but multiple arms and legs. >> megyn: sha all evidence the jury can consider. >> witnesses who have pleaded guilty to murder charges.

kimberly is absolutely right. it's a very tough case. there is an awful lot of tough evidence. part of what is working on this hour long documentary, one of the things that was striking to me, when you look at this in perspective, kermit did not just mysteriously pop up two years ago as the indicted accused murderer of these children and of that woman. this is fellow who has placed himself fresh out of medical school, 45 years ago, situated himself right at the heart of the radical abortion rights movement. he participated in 1972 in this remarkable political event that came to be known as the mother's day massacre. it was sort a mass abortion that

resulted in a senate hearing and an inquiry by senator ted kennedy of all people. one of the things we have had in this broadcast is an interview with one of the doctors a doctor who was one of witnesses in that hearing talking about this awful weekend event which kermit gosnell, 42 years ago wanted to make a statement about abortion, a political statement. he did this thing, nine women were severely injured. the fellow we have --. >> megyn: he hasn't been shut down. i want to talk to you about how that happened. an ongoing question. with all due respect tom ridge, who served our country noblely, he is one of the main guys, the grand jury pointed to as saying

he is the one, a republican but a pro-choice republican who shut down inspections of these clinics because he and those around him believe it would put up a barrier to abortion. >> this was a place where homicide was occurring on a daily basis. it was for financial gape. this is something that shed a light upon across this country. this isn't the only clinic operating like that. you have to have the inspections and you have to protect women that don't know how far along they are. they are relying on medical advice. he portrayed himself as champion of impoverished women, but he was bucther. we have to make sure that is not happening. this is not safe. >> pro-choice crowd says, look, this underscores the need for women have to easy access to

abortions so they don't have to seek care from an unqualified provider. we looked up what the situation is, this is neighborhood where they couldn't get to planned parenthood. can i show you the map? there is a planned parenthood two miles away from the doctor's clinic. how is this situation where they couldn't get access, or was this a situation where these were about women aborting babies who were late term. under the law in pennsylvania where you can abort up to 26 weeks, they were bond that. >> you are right. it gets to the very essence of this. it was a row created, if you will, abortion marketplace. planned parenthood, whatever you think about it insists upon a certain amount of anesthesia when you have an abortion.

dr. gosnell did not. one of the patients we interviewed, it is heartbreaking as a young woman whose mother dragged her to this clip. she was well along in her pregnancy. the longer she thought more advanced it became, more necessary anxious these yeah would become. the doctor told her, we can do this without anesthesia. he charged for anesthesia. planned parenthood would not conduct such an operation. >> megyn: we are talking about abortions very early term. the reason they wound up in dr. gosnell' clinic, they were very far along and we had babies born alive. i have to go. i know you put a lot of work on the special tonight. by the time you are see it we

could be on the verge of a verdict. we'll watch to see whether one comes down today. fox news reporting, see no evil, the kermit gosnell case with the team of the fox news who helped participate in bringing you this tough but important case. i feel like you have a civic responsibility to watch this. it's at 9:00 p.m. right here. up next, boston herald asking the question to a single phone call to three students could have saved the life of the m.i.t. officer that was getting shot and killed by their friends while they were said to be hiding evidence in the case? should they not face charges? that is next. look what mommy is having.

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>>. >> megyn: three newly named suspectnesses the boston marathon bombings. removed a backpack and full of fireworks. they did it say the feds after they saw their friends' picture on tv. that looks like the guy that is our friend, dzhokar tsarnaev and they texted him like he looked like suspect number two. this was all before m.i.t. police officer was ambushed and killed while the tsarnaev brothers were on the run. take a look at cover of today's

boston herald, one phone call could have saved his life. instead of calling police, they kept quiet and they covered up evidence. could that i silence result in more charges including accessory to murder? let's start with accessory to murder. they say dzhokar tsarnaev surviving suspect committed first-degree murder against officer collier wlos gun they want him and they ambushed him. to be charged as an accessory after the fact -- to be charged as an accessory before the fact to murder, david, what do they need to show and can they do it here? >> they to show more involvement than i think we've got. accessory for the fact after the bombings, they've got. that 18 u.s. code section 3, no

question about it. >> megyn: wait. let me stop you there. i want to stick with officer collier. >> an accessory --. >> megyn: the ailing is being made rudy guliani they could face charges with officer collier's death. instead of calling the feds, they went to the dorm room and hid evidence and covered up evidence and called their friend and said, you are on tv. do you agree? >> i think they are going to need more than that. they could make it. they are going to need some indication that the men had some knowledge that the murders were going to continue. it looked like they were covering up some but if there is any indication that tsarnaev told these guys, he was going to continue with his outrage, continue with the act of jihad and they did nothing, then they could be charged with accessory or maybe even aiding and

abetting. that would probably be the likely charge if there is any indication. >> megyn: or a felony murder. felony murder, if you commit a felony like obstructing justice, hiding evidence and that felony occurs in a way known by the defendant to be dangerous to life or likely to cause death, you can be charged with the murder that results in connection with your felony. can they get it that way for this officer's death? >> you know, permanently would like to run these three idiots over with my car. professionally i think it's a legal strep on only because, you made a distinction earlier. if they are going to be charge kreav before the fact, could you pin that on them. i think it would be tough. accessory after the fact you can't pin a murder charge on them at all. here is the problem. it's very speculative to see these three morons should have known that an arbiter of the law

was going to be killed. >> megyn: so specific, our friend who is a suspected terrorist. he about to go the run and instead of alerting authorities, we're going to let him go free? >> that is an excellent point. there are a couple of days between the bombing and the killing of officer. that is number one. number two, i don't think could be anticipated by anybody than 2000 car and his brother that officer would get in the way and be killed. authorities said all along there was no exit strategy for these two bombers. >> megyn: it's hard to foresee they are going to be desperate and commit an act. can think go shall charged in connection with the boston marathon bombings accessorys after the fact? >> absolutely. when they get rid of evidence, they destroy evidence. they get rid of the laptop. then they can be charged with accessory after the fact. they are subject to 15 years in state prison if the principal's

crime could result in death or life without parole. i have no question they will be charged with that. much more serious. >> up next, marathon victims that are struggling to run to simply live their lives again. lindsey! i just discovered these new triscuit are baked with own rice and sweet potato! triscuit has a new snack? no way. way. and the worst part is they're delicious. mmm, you're right maybe we should give other new things a chance. no way. way. [ male announcer ] we've taken 100% whole grain brown rice and wheat, delicious sweet potato, and savory red bean... and woven them into something unexpected. the new brown rice triscuit line; with sweet potato and red bean varieties.

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>> two brothers. each lost a leg in the boston marathon bombings. just reunited. seeing each other for the first time since the attack at that time changed their lives forever. trace gallagher has the story. >> at it amazing. right before the second explosion, both brothers were actually in a picture and tsarnaev was in the background. j.p. morgan and his brother, paul, both lost their right leg. paul also lost his left foot. it was the second explosion. they heard the first bomb.

trying to get paul's girlfriend over one of the barricades when the second bomb exploded. listen. >> i just remember looking down and i didn't have a leg. i could see my leg a little was and i was trying to reach for it, hoping to be able to save it. in my head. >> after being in a medically induced coma for more than a week, both brothers finally, emotionally, reunited. listen. >> obviously i started crying. got emotional, and win the just hugged for a few minutes, and then just -- you know, had a good moment. >> you wonder how you would feel. both of these brothers both have a very positive attitude and refuse to acknowledge either of the alleged bombers. their mother says she is simultaneously crushed and excited. >> i'm excited and so happy they're alive. nothing else matters but it breaks my heart to see what they have to goo through.

>> there's another brother who says he would gladly give both of his legs for his brother's lives. they're very tightknit boston family, megyn, with a very inspiring story. >> we'll be right back. don't go away. atlantic we're all set to bundle your home and auto insurance together. i'll just press this, and you'll save on both. [bell dings] ladies and gentlemen, boys and girls, llllet's get ready to bundlllllle... [ holding final syllable ] oh, yeah, sorry! let's get ready to bundle and save. now, that's progressive. oh, i think i broke my spleen! i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan.

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getting a'll of tweets asking whether i have -- announced the gender of the baby my husband and i are expecting.

the answer is, no, because i don't know either. we decideed not to find out. going to leave it to the heavens and let it be a surprise in july. my son said, i'd like a little boy or a little girl or a little fox or a little wolf. someone is going be disappointed. here's shepard. >> shepard: we were just saying you look amazing. >> megyn: thank you for saying that. now this is the point in the pregnancy where people start to say inappropriate thing about your body, and i'm going to conduct an experiment just calling them out on that. you said something wonderful and i thank you for it. >> shepard: it's a fact. thank you, meg. see you later. news begins anew. some huge new clues we have now that could change a lot about what we know about what we need in the boston terror attacks. specifically how much the dead suspects' widow really